Save Little Pond!

In 1969 a new chapter was added to the Massachusetts General Laws, Chapter 40B. To quote from MGL 40B, Section 1, “This chapter shall be designated and may be known as “The regional planning law”.

In the past 10 years, the 40B regulation has created much needed affordable housing in Falmouth, however, this law is flawed and the “one size fits all” thinking is not working. Over the years the growth on Cape Cod has brought many towns to think about the damaging affects individual septic systems have caused to our water resources. Many of the Cape towns, Falmouth included, are now on the move to develop town-wide wastewater treatment plans. Treatment facilities are greatly needed on Cape Cod but the cost to taxpayers will be enormous.

In April 2006, the Falmouth Zoning Board of Appeals approved another 40B project in the village of Teaticket located in Falmouth, Massachusetts. At this time, this had been the largest 40B project ever proposed in the Town of Falmouth. The 168-unit project, referred to as Little Pond Landing, is located on Spring Bars Road across from the Falmouth Mall. The number of units is not the only factor that has made this project different. The most critical issue related to this development is that it will be located on the shores of Little Pond.

In 2007, the Massachusetts Estuaries Project completed their study on Falmouth ponds. Little Pond was listed among the ponds of critical concern. The nitrogen content in the pond is at a dangerously high level. The degradation to this pond by this 316-bedroom project will be irreversible.

On June 2, 2006 an appeal was filed in Barnstable Superior Court.  In 2007, the developer filed a motion to dismiss the case, however the judge ruled that the testimony given warranted a trial.  The original trial was scheduled for Tuesday, May 28, 2008 in Barnstable Superior Court. At the request of the developer, 3 six month trial extensions have been granted.  The new trial date is  scheduled for November 23, 2009.